Chapter 6-Firearms Flashcards

1
Q

Under section 27 of the Arms Act 1983 What can a police employee at inspector level and above do in relation to a persons firearm licence ?

A

They can revoke the licence .

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2
Q

Under section 27 Arms act what conditions allow the firearms licence to be revoked?

A

Any reason the person is not a fit and proper person to be in possession of F/A air gun.

Access to persons F/A is likely to be gained by

  • a not fit and proper person
  • anyone wha has been refused a firearms licence
  • Refused a permit or certificate of registration
  • has had F/A licence revoked because have been deemed not a fit and proper person to hold a F/Alicence
  • Grounds under the Domestic violence act 1995 (whanau and Family Violence act 1995) for an application for a protection order
  • such an order is in place.
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3
Q

When somebody is applying for a F/A licence er section 24 who is the onus on to satisfy a police officer they are a fit and proper person?
And what rank should the constable be ?

A

The applicant

Inspector or above

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4
Q

If the applicant is a fit and proper person can there be a refusal of issuing a firearms licence ?

A

Yes police may refuse if they reasonably believe a non fit proper person can gain access. Or been revoked

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5
Q

Grounds for revocation:
It is noted under section 24 Arms act the onus rests with the applicant ,under section 27 who does it rest with to be satisfied that the person is fit and proper?

A

Inspector or above

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6
Q

The second ground for revocation of a firearms licence is what?

A

If an unfit or proper person is reasonably believed to have access to it.

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7
Q

Is the Inspector expected to conduct a formal hearing before making a determination before revoking.

A

No but rules of natural justice should be complied with.

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8
Q

Under section 62(2)and (3) as soon as a licence is revoked does the person have a licence.

If an appeal is filed can the firearms be returned?

A

No and No

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9
Q

In domestic violence cases when a protection order is made the firearms licence is revoked is it enough for a Inspector to revoke if there is only an applicant on for a Protection order.

A

Yes

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10
Q

Under section 21 DVA if a protection order is made what must the recipient do?

A

Surrender firearms

Licence to police.

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11
Q

If a licence has been surrendered or revoked at the discretion of the Commissioner after 3 months or longer what person allowed to do?

A

Sell give away to a fit and proper person approved for the purpose by a member of police.

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12
Q

If a person appeals who usually hears the case?

A

Courts makes consideration on papers.

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13
Q

After the file has been received by a commissioned officer what must they do after they have made thier decision to refuse or revoke the licence

A

In writing state and listen to the persons reason as to why they revocation/refusal should not proceed..

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14
Q

Under the arms act outlined in section 27 and 33 there is no power of search for licences and seize them. If they are not surrendered? True or false

A

True

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15
Q

Under the DVA 1995 where a temporary protection order what happens to the licence and when it becomes permanent what happens? Section 21-22

A

Suspended

Revoked

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16
Q

Under section 18 of the Search and Surveillance act 2012 can a constable seize firearms and licence without a warrant?

What are circumstances ?

A

Yes
Constable has reasonable grounds may seize licence

Subsection 2 breach Arms Act —protection orders Amongst other things